Industrial Tribunals Northern Ireland Decisions

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URL: http://www.bailii.org/nie/cases/NIIT/2011/00591_11IT.html
Cite as: [2011] NIIT 591_11IT, [2011] NIIT 00591_11IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 591/11

CLAIMANT: Stephen Moore

RESPONDENT: Andy Breen

DECISION

The respondent is liable to pay the claimant a redundancy payment in the sum of £1320.00.

Constitution of Tribunal:

Chairman (sitting alone): Miss E M McCaffrey

Appearances:

The claimant appeared and was not represented.

There was no appearance on behalf of the respondent as they had failed to submit a response in accordance with the rules of procedure and no application for an extension of time had been made by them or on their behalf.

1. Facts

1.1 The claimant started work for the respondent in January 2006 as a lorry driver. He was paid £330.00 gross and £266.00 net each week. In September 2010 the claimant came back to the yard in his lorry and was told by the respondent that he had no further work. No notice was given to the claimant or his colleagues and no notice payment was made. The claimant advises that he was aware that work had been falling off and he did not want to press the respondent at that time about his redundancy payment. However in January 2011 he telephoned the respondent to ask about his redundancy payment. The claimant says the respondent “went quiet”. The claimant advised the respondent that he would ring the Citizens Advice Bureau to get some advice. When he phoned the respondent back with the information he had received from the Citizen’s Advice Bureau, the respondent said he would ring his accountant. The respondent confirmed at that stage that he was still trading.

1.2 The claimant tried to ring him on several occasions but was unable to reach the respondent. The claimant advised that he did send a grievance letter in relation to his termination of employment but received no reply to this. He was unable to produce a copy of this letter, but I accept that the letter was sent and that no response was received. The claimant lodged his claim in the Office of the Industrial Tribunals on 21 February 2011.

2. Relevant Law and Decision

The relevant law is to be found in the Articles 170 and following of the Employment Rights (NI) Order 1996. The claimant accepts that the respondent had no work for him and his colleagues and so I find that the claimant was dismissed by reason of redundancy. The claim for a redundancy payment must be lodged in the Office of the Industrial Tribunals within 6 months of the date of dismissal (Article 199, Employment Rights (NI) Order 1996 and a claim for unfair dismissal and for notice pay must be lodged within 3 months of the date of dismissal. I therefore find that the claimant’s claim for notice pay and unfair dismissal will be dismissed as being out of time and the claimant confirmed to me that he was seeking only his redundancy payment. I confirm that the claim for a redundancy payment is in time and will be allowed.

The claimant was 40 at the date of his dismissal and had been working for the respondent for a period of 4 full years. Accordingly he is entitled to a redundancy payment under Article 197 of the Employment Rights (NI) Order 1996 of 4 weeks gross pay making a total award as follows: £330 x 4 = £1,320.00. Accordingly the respondent is ordered to pay the claimant the amount of £1,320.00.

This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 12 May 2011, Belfast.

Date decision recorded in register and issued to parties:

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